(2) Each transaction is covered by the AGB version valid at the time of order. Divergent terms are only valid, if confirmed in writing by Gerhard D. Wempe KG.

§ 2 Order placement/data privacy

(1) The depiction of goods on the online shop does not constitute a binding offer by Gerhard D. Wempe KG, but rather it is an invitation to customers of Gerhard D. Wempe KG to make a binding offer.

(2) Online orders through you represent a binding offer for conclusion of a purchase agreement for the goods ordered. Just before conclusion of the binding order significant contents of the agreement are explained to you in a clear and understandable, prominent fashion. You then click on the "buy now" key on the online shop to submit your binding offer for purchase of the items. Clicking on the "I accept AGB" key means you accept these general business terms as solely decisive for the legal relationship with Gerhard D. Wempe KG.

(3) Gerhard D. Wempe KG issues an email confirmation of order receipt, but this confirmation does not constitute binding order acceptance.

(4) The purchase agreement is only created, when Gerhard D. Wempe KG sends you a definite order confirmation. You will receive this in the form of an email dispatch confirmation sent to the email address provided during the order process.

§ 3 Cancellation policy

Cancellation right

You have the right to cancel this agreement within fourteen days without stating reasons. This cancellation period is valid for fourteen days from the day when you or a third party appointed by you other than the carrier takes delivery of the goods.

In order to exercise your cancellation right, you should send us, namely

a clear declaration (e.g. a letter by post, fax or email) of your decision to cancel this agreement. To this end you may use the attached sample cancellation form, though this is not essential. In order to preserve your cancellation right, it is simply necessary to submit your declaration before expiry of the cancellation period.

Consequences of cancellation

Upon receipt of cancellation from you we are obliged to refund to you all payments received inclusive of delivery charges (with exception of any additional charges for your choice of a delivery method other than our standard offer) immediately and latest fourteen days from receipt of your cancellation confirmation.

Repayment is made by the same payment means you used to place the original order, unless there is some other arrangement; under no circumstances do we pay any compensation in respect of such repayment.

We may refuse repayment before receipt of the returned goods or your confirmation with evidence of return of the goods, whichever is earlier.

Your obligation is to return the goods to us immediately and in any case latest fourteen days from the date of cancellation declaration to us. This requirement is deemed met, provided you despatch the goods within fourteen days.

We bear the cost of returns.

You are only required to pay for deterioration in goods value, if upon examination of condition, features and functionality of the goods the deterioration is shown to be due to your unnecessary intervention.

End of cancellation policy.

§ 4 Disqualification / lapse of cancellation right

In line with § 312 g paragraph 2 BGB cancellation right does not exist in the case of agreements for delivery of goods that are not pre-fabricated and whose production is governed by individual selections or directives from the consumer, or indeed if they are customized to the consumer's personal requirements.

§ 5 Return

If you have decided to exercise your cancellation right by returning goods received (see § 3), return procedure is as follows:

Your obligation is to return goods as follows:

In the case of goods with total value of under EUR 1,000.-- where no watch is included by DHL using the return slip that comes with the delivery package (information included with your delivery)
In the case of goods with total value of EUR 1,000.-- or more or where a watch is included using secure transport (you can apply at www.wempe.de/retoure, information included with your delivery)
In the case of goods delivered outside Germany, using a courier (FedEx, information included with your delivery)

§ 6 Prices and payment conditions

(1) All price indications in the Gerhard D. Wempe KG online shop are gross and include VAT. Any charges for payment and delivery additional to sales price are highlighted clearly for you immediately before submission of order.

Payment by credit card is possible only up to an overall value of EUR 8,000.-- and also depends on your financial standing and invoice address in Germany, Finland, France, Greece, Ireland, Italy, Luxembourg, Norway, Austria, Portugal, Sweden and Switzerland.

Payment by immediate remittance is possible only up to an overall value of EUR 15,000. -- in the following countries: Belgium, Germany, Great Britain, the Netherlands, Austria and Switzerland.

Payment by PayPal is available without limit where invoice address is in the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland or Spain.

Payment by cash in advance is also available without limit where invoice address is in the following countries: Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain.

In the case of goods with total value of less than EUR 1,000.-- where no watch is included delivery is by standard parcel, unless you request a different method. This means delivery is also possible poste restante, provided payment did not occur by credit card. Standard parcel delivery does not involve additional delivery charges, where delivery address is in Germany. Delivery addresses outside Germany but in Belgium, Denmark, Germany, Finland, France, Greece, Great Britain, Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain incur extra charges of EUR 20.--. Delivery occurs within timelines shown on the online shop, and it should be noted that local delivery date must be a working day. If the last day for delivery shown on the online shop is not a local working day, delivery is extended to the next working day.

(b) Delivery by secure transport company

If value of goods exceeds EUR 1,000.-- or if package contains a watch, delivery is made by a secure transport company, which renders it impossible to deliver poste restante. Delivery occurs within timelines shown on the online shop, and it should be noted that local delivery date must be a working day. If the last day for delivery shown on the online shop is not a local working day, delivery is extended to the next working day.

Secure transport companies send you a confirmation of the exact day of delivery.

Delivery by the secure transport company on date mentioned in this confirmation must be received personally, which requires the presence and availability of recipient at delivery address at delivery time between 9.00 and 12.00 AM.

(c) Express delivery.

Provided delivery time indicated on the online shop does not exceed one week, you can opt for express delivery upon payment of a EUR 12.50 surcharge irrespective of value and contents of delivery.

If express delivery is selected, delivery occurs as follows:

If we accept your purchase on a local working day at our headquarters before 13.00, delivery takes place on the following working day from 9.00 to 12.00 AM. It is essential that delivery should take place on a local working day.

If we accept your purchase on a local non-working day at our headquarters at or after 13.00, or if it is not a working day there, delivery takes place on the next working day but one, and again it is essential that delivery should take place on a local working day. Delivery takes place between 09.00 and 12.00 AM.

In case of express delivery personal receipt of the delivery is required.

(d) Customised personal delivery

Provided delivery time indicated on the online shop does not exceed one week, you can opt for customised personal delivery with delivery specified by you upon payment of a EUR 12.50 surcharge irrespective of value or object. It is a condition that your chosen delivery is a local working day and that we accept your purchase at least three working days before chosen delivery date, and it is imperative that it be a working day at our headquarters. Actual delivery takes place between 9.00 and 12.00 AM, and personal receipt of the delivery is required.

Delivery charges do not apply.

(3) Partial delivery is possible at our option depending on operational needs. If we specify partial delivery, there are no additional delivery charges. These apply only if you specifically request partial delivery.

(4) Delivery takes place at our risk. The risks of accidental loss and deterioration of the goods are transferred to you on delivery.

(5) Goods remain our property until full payment of purchase price.

(6) If in spite of an accepted purchase order we are unable to deliver either on time or at all, we shall inform you immediately. In such a case of delayed delivery you have the option of waiting for the ordered goods or cancelling the agreement. If delivery is impossible either party is entitled to cancel the agreement. In case of cancellation you are immediately refunded any payments made.

§ 8 Guarantee

(1) Pictures of products may differ from the appearance of products delivered notably in colour and size. This is especially possible when suppliers revamp their collections. Claims for defects cannot be entertained, if the changes are reasonable for the purchaser.

(2) Otherwise in the case of defects customer rights to supplementary performance, cancellation of agreement or reduction of purchase price are governed by legal provisions. Any compensation claims in addition to or instead of performance are covered by the regulation in § 9.

§ 9 Liability

(1) Gerhard D. Wempe KG is not liable for minor dereliction of duty concerning duties or guarantees not relevant to the agreement that do not give rise to injury to life and limb, personal health or claims under product liability law.

(2) Where Gerhard D. Wempe KG is also liable for minor dereliction, liability is limited in extent to typical, predictable damage as specified in agreement.

(3) If liability of Gerhard D. Wempe KG is excluded or limited, this applies also to liability of legal representatives, employees and agents of Gerhard D. Wempe.

(4) Gerhard D. Wempe KG is not liable for functioning of data networks, servers or lines to its computer centre or continuous operation of its online shop.

§ 10 Warranty

For every watch and every item of jewelry purchased in this webshop, Gerhard D. Wempe KG gives a three-year warranty against any faults in materials or workmanship.

(1) Limited international warranty

This limited warranty (hereafter: “the warranty”) is granted by the manufacturer, Gerhard D. Wempe KG (hereafter: Wempe). The limitations of this warranty are specified below.

This warranty offers the owner the right to repairs on all manufacturing defects that become apparent during the term of the warranty, insofar as immediate notice is given of said defects. The right to replacement is not included. The rights granted in this manufacturer’s warranty are applicable at all Wempe branches or at authorized dealerships.

(2) Limitations of this warranty

Your international warranty is valid only in conjunction with the accompanying warranty certificate. This certificate must be completely filled out and signed by an employee of Wempe. The warranty certificate must include the serial number of the product and exact date of purchase. Furthermore, it must also be stamped by Gerhard D. Wempe KG.

Not included in the terms of this warranty are the watch’s crystal and leather strap, damages caused by inappropriate use such as strong blows and extreme heat or cold, and strong magnetic fields. Repairs or servicing performed by unauthorized parties void the warranty.

We would like to make it unequivocally clear that WEMPE GLASHÜTTE timepieces are not suitable for wearing while performing extreme sports such as diving, surfing, etc., unless such a use is expressly stated in the corresponding instructions on the specific model.

(3) Applicable law and other laws

This manufacturer’s warranty gives you certain rights. In addition to these, you may also have other rights based on the unconditional regulations of other national laws that can vary from nation to nation, and that may have been in force when and where you purchased the product.

(4) Exclusion and limitation of other warranties

Insofar as such exclusion is permissible according to applicable law, Wempe excludes all further expressed or implied guarantees or warrantees.
Should a particular nation not permit the limitation of a guarantee or warranty, the limitations contained in this warranty shall not be applicable in that nation.

(5) Exclusion of liability for subsequent damages

Insofar as permitted by applicable laws, Gerhard D. Wempe KG assumes no liability, under any circumstances, to the purchaser or to all other persons, for individual, subsequent or auxiliary damages of any kind (without limitation including loss of income or business, or other financial damages), that may arise through breach of this warranty, breach of contract, or in any other way, even if Wempe or the authorized dealer has been informed of such a possibility.
In any case, the liability of Wempe, irrespective of whether such liability derives from the clauses of this warranty or from legal regulations, is expressly limited to the purchase price of the product. Limitation or exclusion of liability for auxiliary or subsequent damages is not permissible in certain nations, so the limitations and exclusions contained in this clause may not necessarily apply to you.

§ 11 Data protection

(1) Personal data provided willingly by you in connection with the order are used exclusively with regard to provisions of federal data protection legislation (BDSG) and media law (TMG).

(2) Your personal data are only collected when you disclose them willingly during use of the Gerhard D. Wempe online shop. Processing and transmission of these data to third parties occur only as required for performance of the agreement between you and Gerhard D. Wempe. Thus data are passed to the delivery company and - if necessary - to the bank processing payment. There is no further communication of data to third parties.

(3) You are entitled at any time to access without remuneration your personal data stored by us and to block or delete these data.

(4) Gerhard D. Wempe KG reserves the right for purposes of advertisement, market research or performance of your orders to use pseudonyms and draw up user profiles using your data. You have an on-going right to refuse this use of your data.

(5) Data protection background information in the sense of § 8 above is always available for download at www.wempe.de.

(6) Questions on collection, processing or use of your personal data, for information, correction, blocking or deletion of data and for withdrawal of consent granted should be sent to Gerhard D. Wempe KG at the address given in § 1 paragraph 1 of these AGB.

§ 12 Concluding provisions

(1) Transactions are covered by German law and exclude provisions of UN CISG. The application of binding norms in the customer's country of residence at order date is unaffected hereby.(2) Should individual clauses of these business terms be or become unworkable or unenforceable, this fact does not affect the validity of remaining clauses. The unworkable or unenforceable clause should be replaced with a workable, enforceable regulation nearest in financial and legal effect to that originally intended by the two parties. The same applies to any loopholes in this contract.

published in February 2016

Online Dispute Resolution Regulation:

The EU commission will offer a platform for extra-judicial resolution of disputes as of 15 February 2016. It provides consumers with the possibility to resolute disputes in context with their online orders in the first instance without addressing a court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/ .

Sample of cancellation form

If you wish to cancel the agreement, please complete and return this form

Terms of Use – United States of America

These terms of use, including all linked to or referenced documents, govern your use of this website (the “Site”). These terms of use form a binding agreement between you and the owner of the site, Gerhard D. Wempe KG, and its affiliated entities making use of the site (together, “Wempe”).

You should carefully read these terms and conditions before using the Site. Your use of the site signifies your agreement to the bound by these terms of use. If you do not agree to the bound by these terms of use, you should immediately exit the site.

1. User Eligibility.

The Site is provided by Wempe and available only to those who can form legally binding agreements under applicable law. If you do not qualify, do not use the Site.

2. License and Site Access.
Subject to your ongoing compliance with these terms of use, Wempe grants you a limited personal, nontransferable, non-sublicenceable, revocable license and right of access to the Site for personal, non-commercial use. You may not use any robots, crawlers or similar data-gathering and extraction tools, nor may you introduce any viruses, worms, Trojan horses, time bombs, or other computer programming routines intended to intercept, damage, expropriate, or interfere with the Site or its contents. You may not use any metatags or any other "hidden text" utilizing any Intellectual Property (as defined below) without the prior express written consent of Wempe. All rights not expressly granted to you in these terms of use are reserved and retained by Wempe or its licensors, suppliers, publishers, rights holders, or other content providers.

3. Intellectual Property Ownership.
As between you and Wempe, all intellectual property and personal rights associated with the Site, including, without limitation, any trademarks, service marks, trade dress, proprietary designs, material protectable by copyright or patent, as well as publicity rights (together, “Intellectual Property”), are the sole property of Wempe.

4. Right of Access.
You may not copy, use, modify, display, transmit or otherwise exploit any Intellectual Property appearing on the Site other than with our prior and express written consent. You may not frame or utilize framing techniques for any portion of the Site. The Site is provided without obligation to provide continued access or to maintain any of its functions.

5. Communications with Wempe.
Unless you expressly opt out, you consent to receive electronic communications such as newsletters, new product releases and notifications of special in-store events. We may communicate with you in a variety of ways in the event you contact us, such as by email, text, in-app push notices, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. You may opt out of receiving electronic communications at any time by clicking onto the “unsubscribe” button on any Wempe communication you receive or by emailing us here: kundenservice@wempe.de

6. Product and Service Information.
Products and services referenced on the Site are subject to availability. Product and service designs, descriptions and functions may change without notice. Wempe cannot guarantee the availability of any particular product or service referenced on the Site at any time and in any territory. Wempe reserves the right to discontinue the sale of any product, to cease the offering of any service, and to change or to discontinue any product or product color, pattern, texture, materials, design, or configuration at any time, without notice. In some territories, certain products may not be available in all colors and configurations displayed or referenced on the Site.

7. Price Information.
Prices and fees provided on the Site may vary from time to time and by territory. Prices are subject to currency fluctuations and any applicable sales and value added taxes and customs duties. In the event that any product or service is offered for payment in a particular currency, the display of any value in another currency is offered solely as an estimate.

8. Product Display.
We try to display, as accurately as possible, the colors and “look and feel” of our products that appear at the Site. However, the colors and the “look and feel” that you see will depend on your monitor, printer and other factors of electronic transmission and display.

9. Practices Regarding Use.
Wempe may establish and amend its general practices and limits concerning the use of the Site, including, without limitation, restrictions on accessing the Site, at any time and without notice. Wempe has no responsibility or liability for the deletion, data corruption or failure to store any communications or information collected, maintained or transmitted by the Site.

10. Your Obligations.
In the event that you should be permitted to post any text or images on the site, including, without limitation, the posting of consumer reviews, you may do so subject to review and approval by Wempe. Approval may be withheld or revoked at any time. Wempe is not responsible for the opinions or comments posted by users and makes no representations or warranties as to their accuracy, thoroughness or usefulness. You may not post any false, unlawful, threatening, obscene, libelous, or otherwise offensive or potentially injurious material, or any material that constitutes a commercial or other solicitation, functions as a chain letter or mass mailing. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any posting. Although we may not regularly review any such content prior to posting or thereafter, we reserve the right (but not the obligation) to remove or edit any such content, without notice. We shall not be responsible for the content or effect of any content posted by any third party.

You hereby assign and transfer to Wempe all right, title and interest in any material posted by you. In the event that the assignment and transfer shall not be valid for any reason, you hereby grant to Wempe a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that material.

11. Restrictions on Use.
As between Wempe and you, all pages within the Site and any materials made available for downloading are the property of Wempe. You may not disturb or alter any proprietary notices, including copyright notices, contained on any downloadable materials on the Site. Any rights not expressly granted by this Agreement are reserved by Wempe.

12. Disclosure of Content Monitoring.
Although Wempe has no obligation to monitor any information provided to the Site by users, it reserves the right to monitor, retain, remove or modify any such information. Wempe may disclose any information from the Site to third parties, (a) whether as part of routine Site maintenance and control, (b) as part of a disclosure it believes is reasonably necessary to comply with legal requirements, (c) to respond to claims that any information violates the rights of third parties, or (d) to protect the rights, property or personal safety of Wempe, its users or the public.

13. No Warranty.
THIS SITE, INCLUDING ITS ELECTRONIC CODE AND CONTENT, IS PROVIDED “AS IS” AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WEMPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WITHOUT LIMITATION TO THE FOREGOING, WEMPE MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE SITE, THE INFORMATION PROVIDED OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE CONTENT OF THE SITE WILL BE CORRECTED.

Wempe assumes no responsibility for the timeliness, deletion, OR misdelivery OF ANY INFORMATION OR For the maintenance, access and use of ANY CUSTOMIZED OR personalized settings OR FUNCTIONS.

ACCESS AND DOWNLOADING OF ANY MATERIAL THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability.
IN NO EVENT SHALL WEMPE, ITS JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL, OR THEIR RESPECTIVE SHAREHOLDERS, EQUITY PARTICIPANTS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS AND USE OF THE SITE AS PROVIDED IN THESE TERMS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THESE LIMITATIONS MAY THEREFORE NOT APPLY TO YOU.

14. Indemnity.
You agree to indemnify, defend (at the request of Wempe), and hold Wempe, its joint venturers, partners, entities in substantial common control, and their respective shareholders, equity participants, officers, directors, and employees (the “Wempe Indemnities”) harmless from and against any claims, losses, expenses, liabilities damages, or demands (including reasonable attorneys’ fees and court costs) brought or threatened against any Wempe Indemnitee resulting from, or arising out of: (1) your information submitted or transmitted to Wempe; (2) your use or misuse of the Site, Intellectual Property or Wempe products; (3) your connection to the Site; (4) your breach of these terms of use; or (5) your violation of any rights of a third party.

15. Privacy Policy.
Your information and certain other information about you is subject to our privacy policy, which is incorporated by reference into these terms of use. <Hyperlink>

16. Submissions.
If any of the comments submitted constitutes personal data, you agree that Wempe may use and transmit that personal data in accordance with our privacy policy: <Hyperlink>

17. Modifications.
At any time, and without notice, Wempe may modify, update or otherwise amend these terms of use, effective and binding when posted. We encourage you to visit the Site from time to time to review the current version of these terms of use.

18. Termination.
Wempe may, in its sole discretion, terminate your use of the Site, and remove and discard any content within the Site, for any reason, without notice. You must immediately discontinue use of the Site if instructed by Wempe or its designee to do so. Wempe may also, at any time, discontinue providing the Site or any part of it, without notice.

19. Links.
This Site may contain links to third-party websites. Wempe has no control over those linked websites. You acknowledge and agree that Wempe is not responsible for the availability of those linked websites or the content of any of them. Wempe may provide links, but only as a convenience, and does not endorse the proprietors or content of any linked websites. In a third-party website, the terms of use and privacy policy of that website will govern your access and use of that website. WEMPE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED VIA ANY LINKED WEBSITE.

20. Caching.
Wempe prohibits caching of any portion of the Site and any unauthorized links to the Site. Wempe reserves the right to disable any unauthorized links or frames.

21. Export of Information.
No content from this Site may be exported in violation of applicable law.

22. Jurisdiction and Choice of Law.
This Website is provided by a German company from servers in the Federal Republic of Germany. Other than for expressly questions governed by territorial law such as, without limitation, copyright and patent claims, all claims or issues regarding this Site shall be governed according to the laws of the Federal Republic of Germany. The exclusive jurisdiction for any disputes shall be with the Landgericht Hamburg, Federal Republic of Germany.

Any legal action concerning this Agreement or this Site must be brought within one (1) year after the claim or cause of action arises.

23. Complete Agreement.
These terms of use constitute the entire agreement between you and Wempe with respect to use of the Site, superceding any other agreement or understanding. Headings are for convenience only. Sections 2, 8, 9, 11, 12, 13, 21, 22 and 23 shall survive termination. If any provision of these terms of use is found to be unenforceable, the remaining provisions shall still remain in full force and effect

These terms of use were last updated on 24. July 2015. Please check back for updates and changes.